Handwritten biometric signature signaturiX. Application in HR area.

The signaturiX biometric signature is a written form

Labor law requires that certain documents be in written form (e.g. employment contract, non-competition agreement, copyright transfer agreement). There are no legal restrictions that would prohibit the use of biometric signatures.

The signaturiX biometric signature meets the requirement of written form, as the signature is made by hand on the document. It can be effectively used when preparing employment-related documentation at any stage of cooperation. This applies to documents constituting the so-called "starter package" (including employment contracts, confirmation of familiarization with internal regulations, health and safety conditions, as well as information clauses), documentation prepared during employment (including annexes to employment contracts, notifications of disciplinary penalties, consent to deductions).

Biometric signature can be used in HR

No provision of labor law prohibits the use of a biometric signature. In employee relations, it should be treated simply as a written form.

There are also no contraindications to using a biometric signature (i.e. written form) even in areas that do not require such a form, e.g. submitting an application for vacation leave or agreeing on the rules for performing remote work. There are no obstacles to using a "higher" form of making declarations of will than the one required by law. Case law confirms that compliance with the written requirement is possible in any written form.

It is possible to use signaturiX technology wherever the Labor Code uses the term "in writing". The phrase "in writing" should be treated as a documentary form of a legal act. A handwritten biometric signature can therefore find effective use in HR areas at every stage of employment:

1. at the stage of establishing an employment relationship - in particular when:
   a. concluding contracts: employment contracts, containing provisions concerning the transfer of copyrights, non-competition clauses,
   b. confirming familiarisation with: the information clause, information on employment conditions, health and safety regulations and principles, content of internal regulations, e.g. work regulations, etc., information on the use of monitoring in the workplace, information on the expected date of transfer of the workplace to another employer,
2. at the stage of an ongoing employment relationship - in particular when:
   a. concluding and signing:
   b. annexes to employment contracts, consents to deductions from remuneration, agreements on improving professional qualifications of employees, agreements on joint financial liability, notifications to trade unions of the intention to terminate the employee's employment contract,
3. at the stage of ending the employment relationship - in particular when:
   a. concluding: agreements on termination of the employment contract,
   b. signing: terminations of the terms of the employment contract, terminations of the employment contract, terminations of the employment contract without observing the notice period.

Biometric signature signaturiX can be used in e-files

Using a biometric signature can have practical applications from the perspective of maintaining employee documentation in electronic form.

The key issue is the rules regarding changing the form of this documentation from written to electronic. In practice, this is the most common problem for HR departments that want to maintain personal files in electronic form. Documents signed using a biometric signature are in electronic form from the moment they are created. Therefore, there is no need to carry out the procedure of changing the form of the document from paper to electronic, which significantly facilitates the process of processing e-files.

GDPR (RODO) does not prevent the use of the signaturiX biometric signature

The mere act of signing a biometric signature does not constitute the processing of biometric data. Data collected during signing will constitute biometric data only when (if at all) special technical processing is applied. When signing, this data is encrypted and inserted in encrypted form into the signed document. The key required to decrypt the collected biometric data is stored in a Trusted Third Party. The employer, employee or signaturiX service provider does not have access to this data.

Consequently, allowing employees to sign all HR documents using signaturiX technology is permissible and does not depend on meeting any special requirements.